Tag: profits

  • California takes on oil companies again with law that could cap profits in state

    California takes on oil companies again with law that could cap profits in state

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    california gas prices 09743

    “We proved we can actually beat big oil,” Newsom said at a signing ceremony at the Capitol.

    That victory came despite the industry deploying “30-plus lobbyists” to stymie the bill, he said.

    The industry acknowledges the setbacks.

    “I think what we’ve seen is the governor has put this industry in the crosshairs for a number of years now,” said Kevin Slage, a spokesperson for the Western States Petroleum Association, the main lobbyist for the industry in Sacramento. “With a supermajority and the ability of governors to pull levers with legislators, it’s a tough policy environment for us for sure.”

    Newsom has aggressively pursued an ambitious legislative climate agenda since last summer, winning praise from environmentalists who once lamented his hands-off approach and adding to executive orders phasing out gas-powered car sales and fracking. And he has regularly denounced oil companies for standing in his way. Last summer, he excoriated the companies for running ads that framed his push last summer as a matter of righteousness and “which side we’re on.”

    “Big oil lost,” Newsom told an audience in New York after pushing the package through the Legislature, “and they’re not used to losing.”

    He rode the momentum from those victories into a quest to curtail oil industry profits, announcing his plan before the bill-signing period ended. The proposal has evolved substantially, morphing from a windfall profits tax to a framework for the California Energy Commission to investigate earnings. But Newsom’s rhetoric remained the same: oil companies are ripping you off.

    Newsom was uncharacteristically engaged with legislators throughout the process, visiting caucuses and speaking with members individually and in smaller groups. After legislators balked at Newsom’s initial idea, expressing fears it would backfire and raise prices, the administration agreed to language requiring the Energy Commission to ensure the benefits to consumers would outweigh harms.

    That both assuaged legislators’ fears of unintended consequences and helped lawmakers feel they were being brought in rather than dragged along. A senior legislative staffer called Newsom’s tactic a “sea change” in his approach to the Legislature and a “very significant factor in how this got landed.”

    “This is not something the governor is shoving down our throats,” Assemblymember Jacqui Irwin (D-Thousand Oaks) said on the Assembly floor.

    Crafting that language took months. The revamped proposal then rocketed through the Legislature in less than two weeks as Newsom and Democrats sought to preempt a counteroffensive. Oil industry opponents protested that Newsom was rushing through an unvetted proposal that would harm consumers by distorting a complex industry. It didn’t matter.

    “Fossil fuel obsolescence is on the horizon,” Assemblymember Alex Lee (D-Milpitas) told members.

    That hasn’t always been the case. California’s proud environmentalist bent belies the political and economic might of in-state oil extractors and refiners. Industry groups spend millions of dollars to elect allies to the Legislature — often moderate Democrats — where the corridors teem with lobbyists who are tasked with thwarting legislation that hurts companies’ bottom line. The Western States Petroleum Association spent nearly $20 million on lobbying and campaigns in 2021 and 2022.

    They have enlisted powerful political allies. That has meant hiring connected players like the former leader of moderate Democrats and California’s former oil and gas regulator. More crucially, the oil industry forged an alliance with a union umbrella group whose members work at refineries — a critical source of influence in a Capitol where organized labor holds significant sway.

    Bills to slash emissions or require new oil wells be far from homes and schools could not overcome that opposition. Newsom’s intervention was decisive. Lawmakers revived the measures at the governor’s urging and pushed them to his desk.

    “That is perhaps the most powerful political coalition in the state Capitol,” said Assemblymember Al Muratsuchi (D-Torrance), who has become a vocal critic of oil industry influence. “We’re only able to overcome that with the governor taking the lead and championing climate measures.”

    Shifting voter views are also driving political dynamics. A decade ago, a plurality of California voters said strict environmental laws were too costly. By 2021, nearly two-thirds said they were worth the cost. Voters are more likely to call climate change a serious issue as annual wildfires have become more destructive. Both Newsom and the Legislature have taken advantage.

    “The governor was more aggressive, and I think that inspired the Legislature to be more aggressive. While there’s allies in both parties to the oil industry, I think a lot of folks were hungry to get stuff done,” said former Assemblymember Cristina Garcia, who helped negotiate last year’s climate package. “The governor deserves some credit but I think here’s some other factors as well with the stars lining up politically so it doesn’t feel like you’re taking such a political hit.”

    The money map is changing as well. The climate-focused Energy Foundation spent millions in Sacramento last year, putting it on the same plane as oil companies. The California Democratic Party now refuses oil money. The industry can still shower candidates with cash, but their resources increasingly run up against voter distaste with fossil fuel influence.

    The shifting calculus for some lawmakers, Garcia said, has been from “’You’re going to come spend a bunch of money against me, and I could lose my seat” to “you’ll come spend a bunch of money against me and I won’t lose my seat, because the electorate rewards us for being bold.”

    Several Democrats who benefited from millions of dollars in oil industry campaign spending voted for Newsom’s oil profits penalty. At the same time, a bloc of Assembly Democrats who were industry beneficiaries withheld their votes.

    “A lot of those members rely on campaign support from big oil,” Muratsuchi said.

    That support will likely continue. The industry could also undercut Newsom by passing a referendum overturning the oil well setbacks law. But the governor has helped shift the political dynamics around the oil industry, said former Sen. Fran Pavley, an architect of the state’s cap-and-trade system who is now the USC Schwarzenegger Institute’s environmental policy director.

    “They are very influential in many parts of the state,” Pavley said, but “I think Gavin Newsom’s done a good job in getting the political wind changing.”

    Lara Korte contributed to this report from Sacramento.

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    ( With inputs from : www.politico.com )

  • California Democrats pass Newsom’s proposal that could penalize oil company profits

    California Democrats pass Newsom’s proposal that could penalize oil company profits

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    “My biggest fear was that the penalty would just be passed on to consumers,” Assemblymember Al Muratsuchi (D-Torrance) said during Monday’s Assembly floor debate. “That is a bipartisan concern. This measure, it doesn’t require penalties, it doesn’t require any maximum profit caps.”

    Instead, he said, it adds transparency to the oil market and requires the Energy Commission to justify any penalty.

    The bill, which cleared the Senate on Thursday, passed in the Assembly in a 58-19 vote — with opposition coming from the chamber’s 18 Republicans and from Assemblywoman Jasmeet Bain (D-Kern County).

    “This is an industry that has been allowed to operate in the shadows,” Lauren Sanchez, Newsom’s senior climate advisor, told the Assembly Utilities and Energy Committee Monday morning. “It has lacked the accountability, the transparency and the oversight that we have long required of other critical sectors.”

    The Assembly floor vote came after Newsom’s administration introduced amendments that appeased lawmakers who expressed concern over unintended consequences of tinkering with a complex market.

    Republicans and oil industry representatives blasted the bill’s hasty passage, raised doubts that it would work as intended and expressed concerns for oil workers.

    “The bill that you’re rushing through the process adds bodies, adds bureaucracy at the California Energy Commission, adds audits, adds penalties,” Eloy Garcia, a Western States Petroleum Association lobbyist, told the committee. “What it does not do is add supply. It does not expedite port or pipeline infrastructure.”

    Assemblymember Jim Patterson (R-Fresno), noted the bill had not gone through the chamber’s Appropriations Committee despite an Energy Commission estimate that it would cost $9.4 million to hire 34 people for the new division.

    Newsom first called for a windfall tax on oil companies last fall after average gas prices in California reached more than $6 per gallon. Oil companies reported record-high profits and their margins were higher in California than in the rest of the country.

    He called a special session of the Legislature in December to address what he called the companies’ “price gouging.” At his request, Sen. Nancy Skinner (D-Berkeley) introduced a proposal that would have set a cents-per-gallon cap on oil companies’ profits and penalized profits above the margin.

    Working with Newsom’s administration, Skinner introduced amendments to the proposal on March 20 to create the Petroleum Market Oversight Division at the Energy Commission. The legislation directs the division to collect data and analyze every link of the oil supply chain and then tailor solutions to their findings, including an optional penalty on profit margins.

    “This does not guarantee a penalty,” Skinner said Monday. “It sets up a mechanism to do so if it is warranted. But, of course, if the oil companies’ practices are such that it is not warranted then the penalty would never be used.”

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    ( With inputs from : www.politico.com )

  • Newsom’s proposal to cap oil profits in California meets skepticism in first public hearing

    Newsom’s proposal to cap oil profits in California meets skepticism in first public hearing

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    “In our pursuit to address gasoline prices, we must ensure our actions that we take first [do] no harm to consumers,” Bradford said.

    It was the first public sign of trouble for a key Newsom initiative as he pursues a higher national profile and a possible future run for the presidency. He announced the proposal to cap industry profits and called a special session of the Legislature last summer as gas prices spiked and national anxiety about inflation overall was at a peak.

    But the idea of penalizing the industry is facing close scrutiny in a Legislature dominated by Democrats and Newsom allies.

    “There is clearly a belief out there among many people that oil companies were profiting off the backs of Californians,” said Sen. Dave Min (D-Irvine). “At the same time, we don’t really have a smoking gun as far as I can see, that shows intentional collusion.”

    Sen. Bill Dodd (D-Napa) put it most forcefully: “What I try to look for are what the hell are the unintended consequences, the possible unintended consequences that could hurt those people to a greater extent?”

    Several experts testifying before the Energy, Utilities and Communications Committee said the proposal may focus on the wrong part of the supply chain by targeting refineries because downstream market players, including gas stations, may play a larger role in prices.

    “Policies intended to affect refineries are not going to get at most of the reasons Californians are paying a higher price for gasoline,” said Severin Borenstein, a Newsom appointee on the state’s power grid operator and a UC Berkeley professor.

    Borenstein has characterized part of the gap between California gas prices and the national average as a “mystery gasoline surcharge.”

    The surcharge, according to the Energy Commission, is the extra profits oil companies earn in California above and beyond a margin that can be attributed to the state’s higher taxes and more stringent fuel standards. That margin increased after a 2015 refinery outage and grew during recent spikes.

    One thing Borenstein, other experts and even Republicans on the committee agreed on: California regulators need more information on how the complex markets work, including contracts between refiners and retailers, sales prices and other details, to understand how prices in California have soared so much higher than in other states.

    “There’s something going on downstream that I think this committee should get some answers to,” said Sen. Brian Dahle (R-Bieber).

    In the electricity and natural gas markets, many of those details are already available, experts noted.

    Newsom’s proposal, introduced by Sen. Nancy Skinner (D-Berkeley), would enable the state Energy Commission to obtain some of the additional information the experts said is needed.

    It would also place a to-be-determined cap on oil refiners’ profits, setting a penalty through which the state would collect some of the above-limits earnings and distribute the money to residents.

    The penalty is meant to act as a deterrent, said Nicolas Maduros, director of the California Department of Tax and Fee Administration.

    “This isn’t a tax, it’s not meant to raise revenue; it’s meant to change behavior,” Maduros said.

    Maduros said the proposal would be the first of its kind in the world, differing from windfall taxes in Europe and efforts of the past due to its structure as a penalty and its focus only on profits above a set cap, rather than all earnings.

    Industry representatives and some analysts have made much of the unintended consequences lawmakers asked about, saying a profit margin cap could reduce supply in the state by encouraging companies to transport more oil to markets in neighboring states and overseas rather than selling it in California, particularly as the state weans itself off oil under long-term state mandates.

    “We are concerned the fuel refineries will shutter before the transition is complete, leaving the market dependent,” said David Hackett, chair of the board of consultant Stillwater Associates.

    Skinner pushed back on that assertion, noting that many gas-powered vehicles will still be on the road in California even if the state meets a goal of expanding electric vehicle sales to 100 percent of new car sales by 2035.

    “I still can’t see where it wouldn’t be in refineries’ interest to stop selling gasoline or refining gasoline in California,” she said.

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    ( With inputs from : www.politico.com )

  • BBC profits not commensurate with operations in India: Tax officials

    BBC profits not commensurate with operations in India: Tax officials

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    New Delhi: The income and profits shown by various BBC group entities are “not commensurate” with the scale of their operations in India and tax has not been paid on certain remittances by its foreign entities, the income tax authorities said Friday, a day after they ended a three-day-long survey operation against the British media organisation.

    The Central Board of Direct Taxes (CBDT) issued a statement without identifying the company but said the survey was conducted at the business premises of group entities of a prominent international media company which is engaged in the business of development of content in English, Hindi and various other Indian languages, advertisement sales and market support services, etc.

    Officials said the statement pertains to the British Broadcasting Corporation (BBC).

    The I-T department had launched the survey exercise on February 14 at BBC offices in Delhi and Mumbai and it ended after about 60 hours on Thursday night.

    The CBDT is the administrative authority for the tax department.

    The statement alleged various tax-linked irregularities against the London-headquartered company and accused it of using “dilatory tactics” during the course of the survey.

    “The survey revealed that despite substantial consumption of content in various Indian languages (apart from English), the income/profits shown by various group entities (of BBC) is not commensurate with the scale of operations in India.”

    “…the department gathered several evidences pertaining to the operation of the organisation which indicate that tax has not been paid on certain remittances which have not been disclosed as income in India by the foreign entities of the group,” the CBDT said.

    The BBC, after tax teams left their premises on Thursday, said they will “continue to cooperate with the authorities and hope matters are resolved as soon as possible.”

    According to the CBDT statement, the tax authorities found that the services of “seconded employees” were utilised by the BBC for which reimbursement has been made by the Indian entity to the foreign entity concerned.

    “Such remittance was also liable to be subject to withholding tax which has not been done. Further, the survey has also thrown up several discrepancies and inconsistencies with regard to Transfer Pricing documentation.”

    “Such discrepancies relate to level of relevant Function, Asset and Risk (FAR) analysis, incorrect use of comparables which are applicable to determine the correct Arms Length Price (ALP) and inadequate revenue apportionment, among others,” the statement added.

    According to I-T rules, transfer pricing “generally refers to prices of transactions between associated enterprises which may take place under conditions differing from those taking place between independent enterprises. It refers to the value attached to transfers of goods, services and technology between related entities”.

    It also refers to the value attached to transfers between un-related parties which are controlled by a common entity.

    It said the survey has led to unearthing of “crucial evidences” by way of statement of employees, digital evidences and documents which will be further examined in due course.

    It is pertinent to state that the authorities recorded statements of only those employees whose role was crucial including those connected to, primarily, finance, content development and other production related functions, the CBDT said.

    It accused the media organisation of using “dilatory tactics” during the surprise operation.

    “Even though the department exercised due care to record statements of only key personnel, it was observed that dilatory tactics were employed including in the context of producing documents/ agreements sought. Despite such stance of the group, the survey operation was conducted in a manner so as to facilitate continued regular media/channel activity,” the statement said.

    The survey prompted Opposition parties to denounce the I-T department action as they termed it “political vendetta”.

    The BJP had accused the BBC of “venomous reporting” while the Opposition had questioned the timing of the action that came weeks after the broadcaster aired a two-part documentary, “India: The Modi Question”, on Prime Minister Narendra Modi and the 2002 Gujarat riots.

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    ( With inputs from www.siasat.com )

  • Big pharma must value African lives above profits, warns head of UNAids

    Big pharma must value African lives above profits, warns head of UNAids

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    The head of UNAids, Winnie Byanyima, has strongly criticised pharmaceutical giants for prioritising profits over saving lives, and warned that “racist” inequalities are undermining progress towards ending Aids, especially in Africa.

    Sub-Saharan Africa accounts for more than half of all new infections, with women and marginalised groups facing higher new infection rates. Aids-related illnesses were the leading cause of mortality among African women, and adolescent girls and young women were three times more likely than men to get HIV.

    “Many times, they don’t come forward for fear of society’s sanctions against them,” said Byanyima, stressing that girls and women should be able to access sexual and reproductive services privately.

    She knows well about the impact of the stigma of HIV. At a recent speech at the University of Nairobi Byanyima told a personal story about how her brother, who had HIV, stopped using antiretroviral (ARV) drugs when they returned home to Uganda, while he would use them with few issues when he lived in Europe. “He didn’t die of HIV. He was killed by stigma,” she told the conference.

    Marginalised groups on the continent, including sex workers, gay men and transgender people, accounted for a large proportion of new infections in 2021. Thirty-two African countries have laws criminalising same-sex relations, and this often stops LGBTQ+ people accessing sexual and reproductive health services.

    “Where there are various factors of inequality, that’s where you see the highest [HIV] cases,” said Byanyima. “They combine to crush people”.

    Africa suffers disproportionately from Aids, and its response is still largely dependent on international funding, with most countries on the continent in debt distress or at risk of it. The debt crisis is fuelling mass cuts in health and development spending, and UN leaders have warned that the “vicious debt cycle” is pushing countries in the global south into making “impossible-trade offs” – a situation Byanyima says is playing out “across the continent”.

    Kenya spends up to five times more on debt servicing than it does on health, and Ghana and Zambia have defaulted on their external debt in the last few years, prompting concerns that the debt crisis may spiral further, with devastating impacts for health and education spending. Studies cited by UNAids suggest that girls who completed secondary school were 50% less likely to become infected with HIV as they were less vulnerable to patriarchal power dynamics and poverty than their counterparts.

    A woman pours large white tablets into the palm of one hand from a small white plastic bottle.
    A Kenyan woman takes her antiretroviral drugs. Aids-related illnesses are the leading cause of mortality among African women. Photograph: Donwilson Odhiambo/LightRocket/Getty Images

    Barriers to health technology access the global south have also worsened health inequalities. The injectable drug cabotegravir, for instance – administered every two months and considered the most effective form of prevention – is only available in high-income countries like the UK and the US, and even there remains largely unaffordable. Last year, Zimbabwe became the first African country to approve the drug for use, but with the country in economic crisis the drug remains effectively unavailable.

    Last year, after months of pressure from UNAids and other health organisations, UK pharmaceutical company ViiV – which owns a patent for the drug – approved certain manufacturers in 90 low and middle-income countries to develop generic versions.

    “The injectable [treatment] would be a gamechanger,” said Byanyima, “particularly for people in countries where there’s stigma and where there are criminal laws against certain groups.”

    Gay men in countries with the most severe anti-LGBTQ+ laws were more than three times less likely to know their HIV status than their counterparts in countries with the least restrictive laws, according to the UNAids 2022 report.

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    Incentives are lacking for innovation, said Byanyima, and the profits companies can make from lifesaving medications need to be regulated. She pointed to the pharmaceutical entrepreneur Martin Shkreli, who became a symbol of “pharma greed” after his controversial decision to hike the price of lifesaving drug Daraprim, used in the treatment of Aids patients, by 5,000% in 2015.

    “The World Trade Organization rules allow lifesaving medications to be traded in the same way we could trade luxury goods. They allow pharmaceutical companies to set the price wherever they want, hoard their technologies and reap billions at the cost of lives,” she said.

    Such policies expose racial inequalities and discrimination in health, she said. “To me, that’s racism, even though people don’t want to call it out: valuing the profit of a few people, who happen to be white, over the lives of black and brown people around the world.”

    She pointed to the disproportionate impacts of the Covid pandemic on racial groups across the globe, and added: “For Africa, the lesson was: you must have the capacity to produce yourself.”

    Byanyima urged African governments to set aside funds for research and development and explore equitable south-south partnerships.

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    #Big #pharma #African #lives #profits #warns #UNAids
    ( With inputs from : www.theguardian.com )

  • Record oil earnings fuel California backlash against industry profits

    Record oil earnings fuel California backlash against industry profits

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    correction california governor inauguration 87264

    The timing is important. Oil companies are rolling out earnings announcements as lawmakers in California are poised to hold hearings on a Newsom proposal to cap profit margins — an idea he floated last year as pump prices in California rose to the highest in the nation even as the cost of a barrel of oil dropped around the world.

    Meanwhile, the price of gas in California is inching up again — reaching an average $4.55 per gallon in the state this week, up 10 cents from a week ago, according to AAA figures.

    Even though Democrats control both houses of the Legislature, the governor’s assault on oil profits faces an uncertain fate. The industry wields considerable influence and some lawmakers see it as a misguided approach in a state where gas consumption is already starting to fall with the transition to zero-emission vehicles.

    Newsom’s proposal, which state Sen. Nancy Skinner (D-Berkeley) is steering through the Legislature, would target California refineries. It still lacks the most critical detail: the amount of profit that would generate a penalty.

    But Newsom’s continued messaging, along with a recent surge in local advertising from both sides of the issue, suggest a battle is brewing — even if major players in the Legislature are keeping quiet so far.

    “We are continuing to review the proposal, and on anything this big, there will be a thorough vetting,” state Senate President Pro Tempore Toni Atkins (D-San Diego) said in an emailed statement. “One thing that’s already clear is that Californians are tired of paying high prices at the fuel pump. Gouging Californians will not be tolerated.”

    Chevron, Marathon Petroleum, Phillips 66 and Valero — four of the five big companies with refineries in California — each released annual earnings in recent days, setting new records with a combined $74 billion in profits for 2022. The companies are projecting another strong performance this year. The fifth major refiner reports next month.

    Oil industry executives are pleased with their results after a tumultuous period caused in large part by Russia’s invasion of Ukraine.

    “It’s good that markets have calmed,” Chevron CEO Mike Wirth said during a Friday earnings call. “I mean the high prices really were creating a lot of stresses out there that are not good.”

    Executives also said they expect oil supplies to remain limited, a big factor in higher prices.

    “We believe that the current supply constraints and growing demand will support strong margins in 2023,” Marathon Petroleum Corp. CEO Mike Hennigan said in a Tuesday earnings call.

    Supply constraints also spotlight a concern oil industry lobbyists and executives have expressed regarding a profit margin cap: They say it could lead to supply shortages that caused long gas station lines, and deep political pain, for former presidents Richard Nixon and Jimmy Carter.

    Oil industry representatives have accused Newsom of being more interested in scoring political points than targeting the factors that increase prices at gas stations. They say he should look at other factors in higher prices, including retail competition and state taxes.

    “The governor’s tax is targeted at the industry as a punishment, not as a way to lower costs for consumers,” said Western States Petroleum Association spokesperson Kevin Slagle.

    Newsom has consistently rejected the industry’s arguments as “lies” and promised to hold the companies accountable.

    His proposal is welcome even among people in oil-producing Kern County, said Cesar Aguirre, director of the local branch of the Central California Environmental Justice Network.

    Even though the industry provides jobs, people in Kern see the proposed penalty as a way to address not just gas prices but other concerns such as contamination from wells, Aguirre said.

    “We can hold them responsible, we can hold them accountable,” he said.

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    ( With inputs from : www.politico.com )